Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	error_n	writ_n	15,418	5	10.2182	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70558	A brief account concerning several of the agents of New-England, their negotiation at the Court of England with some remarks on the new charter granted to the colony of Massachusets shewing that all things duely considered, greater priviledges than what are therein contained, could not at this time rationally be expected by the people there.	Mather, Increase, 1639-1723.	1691 (1691)	Wing M1184; ESTC R3613	15,615	26

Charter signifie to the Ministers of State that we had rather have no Charter at all than such an one as was now proposed to acceptance I knew that in the multitude of Councellors there is safety and did therefore advise with many and with Persons Unprejudiced and of the greatest Wisdom and Ability to judge with Noblemen Genlemen Divines and Lawyers They all agreed that it was not only Lawful but all Circumstances considered a Duty to submit to what was now offered Some said They were very weak Men and unfit to appear as Agents for a Colony that should make any Question of it Others said That a peremptory Refusal would bring not only a greater Inconvenience but a fatal Ruine on New-England and then Mankind would lay the blame on the Weakness and Wilfulness of the Agents who when they could not have what they would ought to submit to what they could get The Opinion of the Lawyers was That such a Passive Submission was not a Surrender inasmuch as nothing was done under Hand and Seal Nor could there be a Surrender in this case since Judgment was already Entred and Recorded against the Old Charter Nor were the Agents capable of Surrendring as not being Plenipotentiaries and that their taking up with this did not make the People in that Colony in Law uncapable of obtaining all their Old Priviledges whenever a favourable Opportunity should present it self for the World knew that in a present parting with any of their ancient Rights they were forced to yield unto Necessity I remember an Honest Lawyer and a Well-wisher to New-England told me That if we were put to our Choice whether to enjoy our Old Charter which he was well acquainted with again just as it was or to take up with this all things duely considered we were not wise if we did not chuse this rather than that It was considered That a Judgment right or wrong not in Court of King's-Bench but in Chancery standing on Record against the Charter of the Massachusets whereby it was vacated and annihilated that Colony was fallen into the Kings Hands so that he might put them under what Governours or what Form of Government he should please Their Agents might beg for a full Restitution of all Ancient Priviledges but they might not either Chuse or Refuse as to them should seem best It was considered That there was no probability of obtaining a Reversion of the Judgment against the former Charter We saw it was in vain to attempt to bring it out of Chancery into the Court of King's Bench. There were thoughts of bringing the Matter into the House of Lords by a Writ of Error in Judgment but it was believed that no Cursitor would now venture to Sign a Writ of Error and that if he should the Lords would not be forward to concern themselves in this Affair Although the Archbishop of Canturbury that now is and many of the present Bishops are Friends to New-England as well as to all good Men and I have cause to acknowledge the personal Respect I have received from many of them And although a great Interest has been made for New-England amongst the Temporal Lords nevertheless when they should understand that the King was desirous to have that Countrey put under another Form of Government which his Royal Wisdom judged would be better for them than what they formerly enjoyed the Lords would be very slow in doing any thing that they knew would be dissatisfactory to his Majesty And if they should see cause to take the Case of New-England into their Consideration though they would not Justifie the manner of Proceedings yet when they should hear all that was to be Objected against the Governour and Company on the Account of their having exceeded the Powers of their Charter in several Particulars and in a very high degree they would certainly judge that they had merited a Condemnation thereof It was also Considered That the Old Charter was in more respects than one very defective For by that the Government in New-England had no more Power than Corporations in England have But those Corporations have not Power in Capital Cases Both the Judges and Eminent Lawyers have assured me that though Power was given to Corporations in Criminal except Capital Cases be particularly expressed their Power does not reach so far Nor was there any thing in the Old Charter concerning an House of Deputies or Assembly of Representatives Nor had the Governour and Company Power to impose Taxes on the Inhabitants Nor to Erect Courts of Admiralty c. The King's Attorney-General who is no Enemy to New-England declared the two Chief Justices and Sollicitor-General concurring with him That supposing the Judgment against the Charter of the Massachusets to be Reversed if the Government should exert such Powers as before the Quo Warranto against their Charter they had done there would now be a Writ of Scire facias issued out against them in Westminster-Hall and their Charter-Priviledges would undoubtedly be taken from them And it was Considered That if the Judgment against the Old Charter had been Reversed by Act of Parliament the Massachusets Colony would for all that have been in a far more miserable Condition than by the present Settlement they are reduced unto For then the Province of Mayn as to Government would have been taken from them since Government is a Trust that cannot be sold and Hampshire which would have been made to extend as far as Salem and Plymouth would have been put under a Governour sent from England which Governour would have had the Command over the Militia and the Power of Admiralty c. in the Massachusets Colony So that in fine Boston would have been deprived of Trade and the whole Colony made very insignificant And if they had exerted Powers necessary for the Supportation of their Government perpetual Conplaints would have been made against them It was moreover Considered That if the Agents of that Colony had signified to the Ministers of State that they had rather have no Charter at all than this which the King was pleased to grant to them the Consequence would have been that they should have had a Governour wholly a Stranger to New-England and a Deputy-Governour not acceptable to the People there and many of his Councellors Strangers and others of them such as were Andross's Creatures and that this Governour should have had the same Power which the Governours in other Plantations have to Appoint the General Officers They are very weak Men that doubt of this and if they will look no further than their Neighbours at New-York and Virginia they may see Demonstrations before their Eyes sufficient to convince them It was likewise Considered That some Persons in London were endeavouring to get a Pattent for all Mines Minerals Gums c. in New-England Which Design was of late likely to have taken effect only the New Charter has most happily prevented that which would have been of pernicious